Terms

Holeshot Holidays

Terms & Conditions

Introduction:

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Holeshot Holidays LTD, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Holeshot Holidays LTD and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Holeshot Holidays LLC and accessing the Website in connection with the provision of such services.

1. TOUR (AND RENTAL) AGREEMENT:

(1.1) The tour (and rental) agreement only becomes effective upon written confirmation of participation from Holeshot holidays LTD, Holeshot holidays, ( Office Address here ) referred to as “the organiser”, and is deemed to be binding for the contractual parties.

2. SCOPE OF SERVICES:

(2.1) The scope of services is derived exclusively from the tour description that is valid at the time of booking (to be found on the website). All services that are not specifically listed as included are NOT included in the tour price.

(2.2) The organiser reserves the right to modify the tour, in particular the tour Schedule and the accommodation, provided that this is necessary on important grounds. The organiser shall thereby endeavour to maintain the tour’s characteristics and to provide equivalent services.

3. REQUIREMENTS FOR THE PARTICIPANT:

 (3.1) Only persons in possession of a valid driving license at the time of the tour are allowed to participate (if applicable).

(3.2) The participant is obliged to wear protective riding gear that is appropriate for the demands of the tour. The wearing of helmets is mandatory, without exception.

 (3.3) It is the sole responsibility of the participant to determine whether his or her individual competence and abilities are sufficient to cope with the track conditions.

(3.4) The organiser and the tour guide or staff are under no obligation to determine and verify the participant’s competence and abilities.

4. BOOKING OF MOTORCYCLES:

(4.1) It is possible to book specific motorcycles on some of the tours. The booking of the motorcycle must take place at the time of the tour booking. The booked motorcycle may only be used for participation in the booked tour during the days in which participants are at the circuit.

(4.2) The booked period shall not be interrupted by unavailability of the vehicle caused by the participant or which is due to the incompetence of the participant.

(4.3) The participant has to cover all damages. The option for a full coverage CDW with 0 (USD) deductible is offered for all bike hire and tour dates.

(4.4) Damages caused by the participant intentionally or gross negligence have in any case to be covered unlimited.

(4.5) For motorcycles which are booked for the participation in competitions the participant has to cover in any case all damages unlimited.

5. PASSPORT, CUSTOMS, VISA AND IMMUNISATION REGULATIONS:

(5.1) All tours require the participant to have a valid visa if required. The participant has to take care of obtaining all the correct information, the organizer is not obliged to provide this info.The participant is solely responsible for complying with these regulations, in particular for obtaining any necessary visas or immunisations.

6. INFRINGEMENTS OF TRAFFIC REGULATIONS OR THE TOUR GUIDE’S INSTRUCTIONS:

(6.1) If the participant’s actions constitute a gross infringement of the tour guide’s instructions or of traffic regulations, the organiser can withdraw from the contract and take possession of the booked motorcycle. In such case, there will be absolutely no reimbursement of the tour or vehicle hire price.

7. LIABILITY:

(7.1) The participant takes part in the tour at his or her own risk. For damage that the participant sustains during the course of the tour, the liability of  Holeshot Holidays LTD and their respective agents is limited to a total sum of three times the price of the tour and motorcycle rental, provided that the participant’s damage was not caused either intentionally or through gross negligence on the part of  Holeshot Holidays LTD and their respective agents, or if the organiser is responsible for damage sustained by the participant solely through the fault of one of the service providers. The limitation of liability shall not apply in the case of personal injury to the participant.

(7.2) Before entering into the tour, the participant shall sign a personal declaration for the limitation of liability.

(7.3) When registering online via the website application, this limitation of liability is accepted automatically and need not be accepted again separately. If the registration form is sent by e-mail, the signed declaration of limited liability must be received by the organiser at the same time. This declaration is sent to the participant at the same time as the registration form.

(7.4) The participants are hereby made aware that the organisers are obliged to prevent the participant from participating on the tour if he or she has not accepted and/or signed the liability waiver.

(7.5) Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

(7.6) We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

(7.7) To the maximum extent permitted by law, Holeshot Holidays LTD accepts no liability for any of the following:

(7.7a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

(7.7b) loss or corruption of any data, database or software;

(7.7c) any special, indirect or consequential loss or damage.

(7.8) The liability of Holeshot Holidays LTD or the tour guide is excluded for material damage and personal injury caused by the participant, provided that no corresponding personal liability insurance cover exists. In any case, the liability is limited to the scope of the insurance cover of the liability insurance in the event of actual damage. In such case, the participant shall indemnify and hold harmless Holeshot Holidays LTD and the tour guide/staff.

(7.9) Participants are strongly advised to take out the appropriate type of insurance, such as cancellation and repatriation insurance.

8. PAYMENT:

(8.1) Tour bookings can only be made via credit card payment or a bank transfer. Depending on the time of your booking you may be offered one of the following payment options:

(8.1a) payment of the total amount

(8.1b) payment of a deposit at the time of purchase with the outstanding amount due paid in full 30 days before start of the tour / event.

(8.2) Any bank charges incurred at payment of invoices by bank transfer are borne by the participant.

9. WITHDRAWAL FROM AND TRANSFER OF THE AGREEMENT:

(9.1) The person making the booking is entitled to withdraw from the agreement at any time.

If the person making the booking withdraws, the following cancellation fees will be charged instead of the tour price:

– 40% of the tour and rental price in the case of withdrawal between registration and eight weeks before tour commencement,

– 60% of the tour and rental price in the case of withdrawal between eight and four weeks before tour commencement,

– 85% of the tour and rental price in the case of withdrawal within four weeks of tour commencement,

– 100% of the tour and rental price in the case of non-notified failure to participate.

Notification of withdrawal shall be made by means of registered mail, fax or e-mail. This will then be confirmed in writing by the organiser by post, fax or e-mail, and the withdrawal will only be deemed to have been accepted from that point in time.

The deadlines specified above refer to receipt of the withdrawal notification by the organiser. The organiser is entitled to offset the cancellation fee against the participation fees already paid. Otherwise, participation fees already paid shall be reimbursed in full. Participants may not be reimbursed for any services not taken advantage of locally. The participant is strongly advised to take out travel cancellation insurance.

(9.2) The participant may transfer the contractual relationship to another person, as long as this person full fills all the prerequisites for participation and the organiser is notified of the transfer within an appropriate period before the tour departs. The transferor and the new participant are jointly and severally liable for the unpaid fees as well as for any additional costs arising from the transfer. No transfer is possible in the case of airline tickets that have already been issued!

(9.3) Specific conditions apply to various services, such as ticket bookings.

10. TOUR CANCELLATION:

(10.1) The organiser reserves the right to postpone or completely cancel the tour at any time on important grounds. Furthermore, the organiser is entitled to cancel the tour up to one week before tour commencement if the minimum number of participants has not been reached. In such case, the participant will be notified promptly in writing, by letter, e-mail or telephone.

(10.2) In the event of postponement or cancellation of a tour, the participant has the right to choose between reimbursement of the participation price or participation on another of the organiser’s tours of equal value, provided that this is possible for the organiser.

(10.3) External services that are not directly connected to a booking made with Holeshot Holidays cannot be reimbursed.

11. INEFFICACY:

(11.1) The inefficacy of individual terms of these travel and rental terms and conditions shall not result in the inefficacy of the remaining provisions or of the tour (and rental) agreement.

12. Intellectual property and acceptable use:

(12.1) All Content included on the Website, unless uploaded by Users, is the property of holeshot Holidays LTD, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission

(12.2) You may, for your own personal, non-commercial use only, do the following:

(12.2a) retrieve, display and view the Content on a computer screen

(12.2b) download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)

(12.2c) print one copy of the Content

(12.3) You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Holeshot Holidays LTD.

13. PROHIBATED USE:

(13.1) You may not use the Website for any of the following purposes:

(13.a) in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

(13.b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

(13.c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

14.Links to external sites:

(14.1) This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Holeshot Holidays LTD or that of our affiliates.

(14.2) We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

(14.3) The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

15. Web site availability:

(15.1) Any online facilities, tools, services or information that Holeshot Holidays LTD makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Holeshot Holidays LTD is under no obligation to update information on the Website.

(15.2) Whilst Holeshot Holidays LTD uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

(15.3) Holeshot Holidays LTD accepts no liability for any disruption or non-availability of the Website.

(15.4) Holeshot Holidays LTD reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

16. DATA STORAGE AND USE:

(16.1) Personal data which comes to us in the context of a business relationship is used for the purpose of completing the business transaction and possibly also for promotional purposes; you explicitly consent to this. You can withdraw this consent at any time. You will receive a Newsletter which you can unsubscribe from at any time, either online or by sending us a short message.

17. APPLICABLE LAW:

 (17.1) ULK law is applicable, unless contested by other compelling legal provisions.

Place of jurisdiction: UNITED KINGDOM